Amirul Haque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38369 of 2025 Arising Out of PS. Case No.-47 Year-2023 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Amirul Haque, son of Ejajul Haque @ Sametu Resident of Village -Sisahani ,P.S- Kundwa Chaipur ,P.O- Barharwa Fateh Mohamad, Dist- East Chamaparan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shahid Jawed For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-09-2025 Heard the parties.
2. The petitioner apprehends his arrest in connection with Tr. No. 1103 of 2025 arising out of Kundwa Chainpur P.S. Case No. 47 of 2023, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 387, 354(B), 504, 506 and 379 of the Indian Penal Code.
3. While the informant was sleeping in his house, in the meanwhile, all the FIR named accused persons, including the petitioner, entered into his house and started abusing and assaulting; apart from there is allegation of demand of Rs.50,000/- by way of extortion money. It is further alleged that co-accused Md. Iquebal @ Iqbal Zafar and Md. Saifullah @ Safullah had given knife blow on the head of the informant
Patna High Court CR. MISC. No.38369 of 2025(3) dt.03-09-2025 2/3 whereas this petitioner wrapped a rope in his neck and dragged him. There is further allegation that the accused persons also assaulted the family members.
4. Learned Advocate for the petitioner submitted that in fact on account of a trifle, both the parties have entered into a free fight leading to institution of the present case. Moreover, the injuries which have been allegedly sustained to the informant are concerned, the same have been found to be simple in nature. To support the aforesaid contention, the injury report has been placed on record as Annexure-P/2. Considering the aforesaid fact, co-accused Md. Iquebal @ Iqbal Zafar and Md. Saifullah @ Safullah against whom there was allegation of inflicting knife blow, they have been extended the privilege of anticipatory bail. The petitioner bears fair antecedent.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioner has actively participated in the crime.
6. Having considered the submissions set forth by the learned Advocates for the respective parties and taking note of the nature of injury and the fact that co-accused persons having allegation of inflicting knife blow, have been accorded the privilege of anticipatory bail as also the fair antecedent, let the
Patna High Court CR. MISC. No.38369 of 2025(3) dt.03-09-2025 3/3 petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-5, Sikrahna Dhaka, East Champaran at Motihari in connection with Kundwa Chainpur P.S. Case No. 47 of 2023, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) Anjani/- U T